Man back in court in brutal wife attack

Justin Pottle

Updated 10:41 pm, Wednesday, October 23, 2013

Police mugshot of Michael DeMaio, 55, of Greenwich, Conn. who has been charged with criminal attempt at murder and first degree assault.
Photo: Contributed Photo

Police mugshot of Michael DeMaio, 55, of Greenwich, Conn. who has...

Greenwich police have arrested the husband of local nutritionist Diane DeMaio, who was bludgeoned with a baseball bat during a domestic dispute at her mansion Tuesday, Sept. 10, 2013.
Photo: Lindsay Perry

Greenwich police have arrested the husband of local nutritionist...

Greenwich police are investigating an attempted murder of 261 Round Hill Road woman. A person familiar with the case said she was bludgeoned with a baseball bat during a domestic dispute Tuesday night and is in critical condition.
Photo: Greenwich Time

Greenwich police are investigating an attempted murder of 261 Round...

Greenwich police are investigating an attempted murder of 261 Round Hill Road woman. A person familiar with the case said she was bludgeoned with a baseball bat during a domestic dispute Tuesday night and is in critical condition.

Photo: Greenwich Time

Greenwich police are investigating an attempted murder of 261 Round...

Greenwich police stand outside the fate at 261 Round Hill Road on Wednesday, Sept. 11, 2013. Greenwich police are investigating an attempted murder at the house. A person familiar with the case said she was bludgeoned with a baseball bat during a domestic dispute Tuesday night and is in critical condition.
Photo: Greenwich Time

Michael DeMaio, the Greenwich man accused of beating his wife into a coma with a baseball bat last month, returned to state Superior Court in Stamford Wednesday for the first time since an unsuccessful appeal for psychiatric care last month.

Judge Richard Comerford granted a continuance in DeMaio's case until Dec. 3. He is charged with attempted and first-degree assault.

The long delay will allow prosecutors to monitor the progress of Diane DeMaio, 54, who was comatose for more than a week following the attack.

Assistant State's Attorney James Bernardi, the lead prosecutor in the case, said Diane DeMaio is out of the coma and able to walk and speak with some difficulty.

In court Wednesday, Bernardi reiterated that he was agreeable to a long continuance in order for DeMaio to be evaluated and to determine any lasting effects of her injuries. The prosecution plans to subpoena her medical records to closely monitor developments.

"I spoke to the victim's family this morning. I think a longer than usual continuance be accorded so that counsel get acquainted with the file and I can get her medical records," Bernardi said. "I need to know the seriousness of her injuries and if they are still life-threatening."

Michael DeMaio, 55, has been held on $1 million bond since Sept. 10, when he allegedly bludgeoned his wife at their house after she said she planned to leave him. The beating left Diane DeMaio near death with a severely fractured skull and potentially permanent brain damage.

When Greenwich police first arrived at the house with guns drawn, DeMaio lay himself prostrate with an unsettling calm, according to court records.

In a pre-trial hearing just a week after the attack, public defender Howard Ehrling sought DeMaio's transfer to the Garner Correctional Institute, a facility specializing in treating male offenders with mental health concerns.

Michael DeMaio has been unemployed since undergoing surgery to remove a brain tumor in 1989. The family's assets -- including their $7 million Round Hill Road home -- were almost entirely in Diane DeMaio's name, inherited from her parents. Her husband's only access to her family's funds came via a shared checking account, and otherwise had only $1,600 in monthly Social Security benefits to his name. When Diane DeMaio began divorce proceedings earlier this year, her husband's access to the account was shut off.

Transfer to Garner was not granted, though Michael DeMaio was moved to the high security Northern Correctional Institute in Somers, where he is being held.

Wednesday's hearing also marked Ehring's replacement by David Bothwell, an attorney who will now represent DeMaio.